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Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....ely, the heirs of Gurudas Singha remained unaffected. They denied to be tenants under plaintiffs and claimed tenancy under the original landlords. They contend that the rent was Tk, 15/- and Tk. 10/- total being Tk. 25/- per month. They denied the default or the bona fide requirement of the plaintif......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ...... and held that the decree for specific performance was fraudulently obtained and therefore the respondents did not acquire title to the suit premises and dismissed that suit. S.C.C. Judge had no jurisdiction to go into the question of paramount title, and in doing so to set aside the decree of ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......l Law Court and the appellate power specifically included the power of enhancement of sentence. Even then the appellate power did not include the power of converting acquittal into conviction. In the absence of any specific provision for converting acquittal into conviction, the Government exercised......then the appellate power did not include the power of converting acquittal into conviction. In the absence of any specific provision for converting acquittal into conviction, the Government exercised jurisdiction which was not vested in it and the impugned order of conviction is void. Lawyers I..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ......der any penal taw of the land as such. So far as the right of any non-government organisation whether public or private not otherwise governed by any specific statutory provision in concerned, in the absence of any Rules and Regulations contrary to that regard, it as always their right to dispense w......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......er of requisition.
3. The appellants being the owners of the requisitioned building situated at 10/S, Elephant Road, Magh Bazar, Dacca challenged validity of the order of requisition in the writ jurisdiction of the High Court Division. In the application it was stated inter alia that the Comptr..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....r, be observed that it is not said that such a school like the present one cannot function at all as such. A private school can be established and run under private management by any one unless it is totally prohibited by any law as such. But such a school in order to receive recognition from the Go...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30. ...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30. ..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)
....he defendants 10-17 will be struck of the decree. The order of the learned Munsif for restoration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ......he defendants 10-17 will be struck of the decree. The order of the learned Munsif for restoration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ......he plaintiff under section 151 of the Code of Civil Procedure on 18.6.73 was also rejected on 20.7.73 by order No.24 dated 20.7.73. Being aggrieved the plaintiff moved this Court in its revisional jurisdiction and obtained this Rule. Mr. Md. Ayub, learned Advocate, has appeared for the petitio..Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......e Courts in Bangladesh and all the Courts out of Bangladesh established by the authority of the Central Government or the Government representative, the seals of Courts of Admiralty and Maritime jurisdiction and of Notaries Public, and all seals which any person is authorised to use by any Act ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ......d on behalf of the petitioners are questions of facts and they have been concluded by the concurrent findings of the Courts below and they could not be questioned before this Court in revisional jurisdiction. 9. First of all, let us consider the question whether in coming to a conclusion t..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......defendant No. 1 and disburse or withdraw the money from the Barter Account maintained in the defendant No. 2 Bank before the final isation of the suit and remove the same from the local limits of the jurisdiction of this learned Court, situated within the jurisdiction of this learned Court are requi..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......present rule. Mr. S.R. Pal, the learned Advocate appearing for the plaintiff opposite party submits that a revision under Section 115(1) C.P.C. direct to this Court is incompetent. He argued that the jurisdiction of the High Court Division and that of the District Judge is concurrent. He submits tha..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....Officer, defandant No. 2, accordingly. On 14.1.84 the Returning Officer caused a fresh poll to be held in Ward No.2 under Rule 29(2) of the Rules. The plaintiff's case is that on counting of total result of the election held on 27.12.83 and 14.1.84 he became elected as he secured the highes......ppearing for the said opposite party the learned Advocate, Mr. Md. Ruhul Amin, has submitted that the plaintiff had obviously a cause of action and it could not be said that the suit was bad for absence of cause of action. He sought to argue that the fresh poll held on 14.1.84 pursuant to which......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267 ..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)
....ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......he appellant that the requirement of furnishing security bond as provided in section 17(1) is mandatory and not directory, and that being so the learned Single Judge acted in excess of his jurisdiction in extending time for filing a security bond, and then accepting it beyond the time. Th..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......ecree is to be borne in mind. If the decree is voidable then unless it is avoided by a proper procedure, the decree stands, and is to be executed. In this regard, wrong exercise of jurisdiction and absence of jurisdiction it to be noticed. In Gorachand's case it has been held that if, apparently,......ther the extension of time granted to deposit the balance consideration money for the passing of a decree for specific performance of contract where there was an earlier default order was without jurisdiction. 2. The matter arises out of a suit for specific performance of contract and the..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....same at Government controlled rate between 14.11.58 and 31.12.58. The plaintiff had to pay clearing charges for the said consignment at the rate of Rs. 1/- per bag amounting to Rs. 1400/ and thus the total cost added to amount spent as per invoices stood at Rs. 1,31,289/14 annas. But the same were r...... the contract. The defendant has no case that the intention of the parties was that the property in the goods would pass on payment against delivery of shipping documents or at any other time. In the absence of any such case of the defendant either in the written statement or at evidence, we are of ......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
....ompany and its placement under the Corporation, doubts may arise as to the autonomous, and corporate character of the Company concerned, but in order to determine whether such character has been totally destroyed by or under the provisions of President's Order No. 27 of 1972, the provisions......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
...... Tk. 6007- and above, under the administrative control of the Corporation. Consequently, the law of Master and Servant will not apply to him. Being in the service of the Corporation he can invoke the jurisdiction of the High Court Division under Article 102 of the Constitution in appropriate case.
..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......there is no valid preliminary decree at all for effecting partition of the suit properties. The Pleader Commissioner could not have worked for effecting a partition of the suit properties in the absence of a validly drawn up preliminary decree. There was no legal foundation for his work. H...... nullified, more so when in allocating sahams he has not gone beyond the order portion of the judgment. The pleader commissioner's report cannot be set aside on the ground that he lacked any jurisdictional basis. His jurisdiction under the circumstances is unaffected by the formal defe..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....om challenge in a Court of law to any declaration made or action taken by or under the Proclamation. There is no vagueness or ambiguity in the meaning of the words used in this clause as regards total ouster of jurisdiction of this Court." 22. In Haji Joynal Abedin's case also it ...... apparent motive which was to silence the victim from disclosing the circumstances under which he was caught red-handed in the company of Monowara in seclusion. The Court further found that there was absence of heat of passion or influence of excitement in this case. On this finding the Special Mart......tenced to death by the judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 5...Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
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